Cyclists Ride At Own Peril, Court Agrees

For years, many cities and suburbs have moved steadily toward making their communities more bicycle-friendly.

Lanes have been painted along busy streets, and paths have been dedicated through parks. Bike racks and lockers have sprouted in greater numbers.

But on Thursday, a divided Illinois Supreme Court delivered a ruling in an obscure bicycle-crash lawsuit that cycling advocates say will frighten governments from continuing down the path of bicycle enlightenment.

Municipal leaders disagree.

The court decided that Jon Boub, a bicyclist who was injured in a 1992 accident in unincorporated Wayne Township near Carol Stream in DuPage County, could not hold the municipality liable because he was not an "intended" user of the road.

One interpretation of the ruling, according to Chicagoland Bicycle Federation Executive Director Randy Neufeld, is that government officials are liable for bike mishaps only on stretches of roadway specifically marked as bike routes.

That distinction means municipalities will be less likely to construct bike lanes and other facilities for fear that by doing so, they increase their legal liability, Neufeld said.

"Essentially, this ruling creates a situation where the fear of liability could be a disincentive to local governments," he said. "It may even cause municipalities to remove existing bike routes to limit their exposure."

But Lynn Montei, executive director of the DuPage Mayors and Managers Conference, which represents 35 towns in DuPage County, said the ruling would not discourage communities' plans for more bike routes.

"I don't think it'll happen because of the popularity of and the need for alternative, non-automotive transportation and recreation," Montei said. "I haven't heard anyone discussing this case as something that would have an impact on their determination."

The case began Sept. 8, 1992, when Boub, a triathlete training for a competition, rode at 30 m.p.h. toward a one-lane bridge on St. Charles Road just west of North Avenue. Earlier in the day, road crews repairing the bridge had removed asphalt between planks on the structure, leaving gaps that were about 3 inches wide.

Boub and his 14-speed bike slid into a gap, flipped and bounced along the bridge and road. Boub fractured his hip, dislocated a shoulder, tore a rotator cuff and a tendon in his foot, sprained a knee and herniated a disc in his back.

Boub sued Wayne Township and lost, then appealed and lost again. Along the way, he gained the support of the League of Illinois Bicyclists and the Chicagoland Bicycle Federation, which filed legal arguments on his behalf when the Illinois Supreme Court accepted his appeal.

The key issue was whether bicyclists are permitted and intended users of roads. Boub's attorneys argued that history has shown they are, but Wayne Township contended bicycles are allowed to use roads but are not the intended users.

In a 4-3 decision, the Supreme Court supported Wayne Township.

"We do not believe that (a provision in the Illinois Vehicle Code) supports the conclusion that bicycle riders are, like drivers of vehicles, intended and permitted users of Illinois streets and highways," the high court stated in a ruling. The ruling was written by Justice Benjamin K. Miller and supported by Justices Charles E. Freeman, Mary Ann G. McMorrow and Michael A. Bilandic.

"The provision seems designed to ensure that bicyclists, for their own safety and the safety of others, obey traffic laws while they are on public streets and highways," the ruling added.

In explaining their conclusion, the justices cited three recent Supreme Court rulings in which pedestrians were declared by the court not to be intended users of the road. In the Boub case, the Supreme Court stated bicyclists more closely resemble pedestrians than they do motorists.

Justices also stated that a ruling in favor of Boub could impose "substantial and far-reaching" consequences for governments.

The ruling added, "And we do not believe that the legislature intended to impose liability in these circumstances.

"Simply put, many road conditions that do not pose hazards to vehicles may represent special dangers to bicycles, and imposition of liability in this case would, we believe, open the door to liability for a broad range of pavement conditions, such as potholes, speed bumps, expansion joints, sewer grates, and rocks and gravel, to name but a few.

"By the same token, we believe that imposition of municipal liability in the circumstances shown here is more appropriate for the legislature to initiate, if it is to be done at all."

Dissenting Justice James J. Heiple said the ruling "is both irrational and dangerous as a principle of public policy."

Heiple was joined by Justices John L. Nickels, who is from the region where Boub's accident occurred, and Moses W. Harrison II.